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Thursday, 25 December 2025

Malami's Lawyers Strongly Dispute EFCC's Claim of Not Receiving Bail Order in Ongoing Detention Case.

 


In a developing legal battle involving former Nigerian Attorney General Abubakar Malami and the Economic and Financial Crimes Commission (EFCC), Malami's defense team has vehemently pushed back against the anti-corruption agency's assertion that it never received a court-issued bail order. This dispute highlights ongoing tensions surrounding Malami's detention, which stems from allegations of financial misconduct during his tenure.


The controversy centers on a bail decision reportedly made by a Federal Capital Territory High Court in Abuja on December 23, 2025. According to statements from Malami's representatives, the court granted him interim bail after reviewing the case, with all required conditions met promptly. However, the EFCC has maintained that no such order was formally delivered to them, leading to accusations of defiance from Malami's side.


Malami's lead attorney, speaking through the former minister's media representative Muhammad Bello Doka, labeled the EFCC's position as inaccurate and potentially deceptive. The lawyer emphasized that proper procedures were followed in serving the documents. Specifically, a senior legal practitioner from the EFCC side reportedly confirmed receipt of the bail papers shortly after the court's ruling.


The process was handled correctly, and acknowledgment was given, the statement indicated. It further noted that even though court officials encountered resistance—allegedly being turned away during an attempt to deliver the order—this did not undermine the validity of the service or the court's authority.


The defense team insists that the bail remains fully effective and enforceable. They argue that the EFCC's denial appears to be an attempt to prolong Malami's custody without justification. Malami, a Senior Advocate of Nigeria (SAN) who served as Attorney General under the previous administration, has been in EFCC detention for an extended period amid probes into alleged money laundering and asset-related issues.


This back-and-forth has raised broader questions about adherence to judicial processes in high-profile corruption investigations in Nigeria. Malami's lawyers have accused the agency of prioritizing detention over legal compliance, potentially setting a concerning precedent for the rule of law.


Background on Abubakar Malami's EFCC Case

Abubakar Malami, often referred to in searches as "former AGF Malami" or Abubakar Malami SAN, held the position of Nigeria's Attorney General and Minister of Justice from 2015 to 2023. His time in office was marked by several controversial decisions, including handling of recovered assets and high-stakes prosecutions.


The current EFCC investigation into Malami reportedly involves allegations of money laundering, improper asset acquisition, and related financial irregularities. Sources indicate that the probe has uncovered significant properties and transactions linked to the former minister, prompting intense scrutiny.


Malami was initially taken into custody earlier in December 2025 following a remand order from another FCT High Court judge, allowing a 14-day investigative hold. His team challenged this, leading to multiple bail applications. One prior attempt was dismissed, with the court upholding the initial remand as lawful.


The latest bail approval, if upheld, could mark a turning point. However, the EFCC's lead counsel, Chief J.S. Okutepa (SAN), has publicly stated that no formal service of any new bail order has occurred as of late December 2025. Okutepa described claims of an ex-parte (one-sided) bail granting as unusual in criminal matters and suggested it could conflict with existing court directives.


Key Points in the Malami vs EFCC Bail Dispute

To better understand the complexities of this Nigeria corruption case involving a former Attorney General, here are the main elements:

Initial Detention: Malami was remanded in EFCC custody based on a December 10, 2025, court order for investigative purposes.

Bail Applications: Multiple requests were filed. An earlier one was rejected on December 18, 2025, affirming the detention's legality.

Recent Bail Claim: On December 23, 2025, a different judge allegedly granted interim bail on terms previously discussed with the EFCC, such as passport surrender and sureties.

Service Controversy: Malami's team claims proper delivery and acknowledgment; EFCC denies receipt, calling reports misleading.

Ongoing Status: As of Christmas Day 2025, Malami remains in custody, with his lawyers urging immediate compliance with what they view as a binding order.


This situation underscores challenges in Nigeria's anti-graft efforts, where the EFCC often faces criticism for prolonged detentions without charges. Supporters of the agency argue that thorough investigations are necessary for complex financial crimes.


Implications for Rule of Law in Nigeria

Legal experts following the case note that disputes over service of court orders can delay justice but also test institutional respect for judicial authority. Malami's defense has called on relevant bodies to intervene, stressing that no agency should place itself above the courts.


The former AGF has consistently denied wrongdoing, describing the probes as politically motivated or based on unfounded allegations. He has expressed willingness to face formal charges in court rather than extended detention.


Public interest in "Abubakar Malami latest news" and "EFCC Malami bail update" remains high, reflecting broader debates on accountability for public officials in Nigeria. Searches for terms like "Malami detention 2025" or "EFCC court order dispute" have surged as the story unfolds.


Malami's legal representatives have reaffirmed their dedication to securing adherence to the alleged bail directive. They have appealed to the EFCC to prioritize legal principles over investigative imperatives in this matter.

As the case progresses—potentially with hearings in early 2026—observers will watch closely for resolutions on the service issue and any potential contempt proceedings.

This ongoing saga involving a prominent figure like Abubakar Malami serves as a reminder of the intricacies in fighting corruption while upholding due process. Both sides appear entrenched, with the judiciary likely to play a pivotal role in the coming weeks.

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